Plaintiff CASA, a membership-based organization, filed this lawsuit challenging the Trump Administration’s decision to terminate the Temporary Protected Status (TPS) designations for Afghanistan and Cameroon.
TPS is a form of humanitarian relief provided by the INA, which allows the Secretary of Homeland Security to “designate” a foreign state for TPS based on certain conditions that make it difficult for nationals of that state to remain or return there, including armed conflict and natural disasters. To qualify for TPS, individuals must show, among other things, continuous physical presence in the United States from the most recent date of designation, continuous residence in the United States from a (potentially earlier) date designated by the DHS Secretary, and a lack of disqualifying criminal history.
CASA argues that the manner in which the government terminated these TPS designations—based on a DHS email to the press—is unlawful because it goes against the strict process Congress has put in place to terminate such TPS designations and is motivated by racial animus, all of which will irreparably harm CASA’s members who currently hold these TPS designations.
Plaintiff CASA initially moved for partial summary judgment, or, in the alternative, a stay (temporarily block) of the government’s attempt to unlawfully terminate TPS for Afghans and Cameroonians. After conferring with one another, the parties agreed to a briefing schedule for Plaintiff CASA to amend their complaint and this motion for relief (and for the government to respond) following the publication of termination of the TPS designation for either Afghanistan or Cameroon. The government has also agreed that those with TPS from Afghanistan or Cameroon will retain their TPS for at least 60 days following publication of any termination of Afghanistan’s or Cameroon’s TPS designation in the Federal Register.
On May 20, Plaintiff filed an amended complaint to address the Federal Register Notice announcing the termination of TPS for Afghans published May 13, and again moved for partial summary judgment or, in the alternative, a stay of the termination of TPS for Afghans. The government moved to dismiss the case on June 3. And on June 5, Plaintiff CASA supplemented its amended complaint to address the Federal Register Notice announcing the termination of TPS for Cameroon published on June 4.
On June 24, the court held a hearing for the Plaintiff’s motion for partial summary judgment or stay of agency action and the government’s cross-motion for summary judgment and motion to dismiss. On July 10, the court denied both Plaintiff’s motion for partial summary judgment and the government’s motion to dismiss, and ordered the government to produce an answer to Plaintiff’s amended complaint within 14 days of the order (by July 24, 2025).
On July 13, Plaintiff appealed the part of the Court’s July 10 order denying a stay of the termination of TPS for Afghans to the Fourth Circuit Court of Appeals. On July 14, Plaintiff moved for an emergency stay of the order pending appeal, and that same day the Court of Appeals granted an administrative stay specifically of the termination of TPS for Afghans through July 21 and set a briefing schedule for the motion that would conclude before then. However, on July 21, the Court of Appeals denied Plaintiff’s motion, allowing the terminations to go into effect. Plaintiff then moved to dismiss the appeal, which was granted on July 23.
TECHNICAL SUMMARY
Plaintiff alleges that the government’s actions purportedly terminating TPS for Afghanistan and Cameroon violate the APA (“not in accordance with law” and “contrary to constitutional right” in violation of the Fifth Amendment guarantee of equal protection).
In part, the district court denied Plaintiffs’ motion for summary judgment or a stay of agency action because the factual record was “not sufficiently developed at the time of the briefing on the Motions and may still require further development.”
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